DHARMCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-Petitioner has laid the instant misc. petition, under Section 482 Cr.P.C. read with Section 483 Cr.P.C., ventilating his afflictions against impugned orders dated 28th of May 2016 and 8th of June 2016, passed by Addl. Chief Judicial Magistrate, Nokha, Bikaner (for short, 'learned trial Court') and Additional Sessions Judge (Women Atrocities) Cases, Bikaner (for short, 'learned Court below') respectively, under sub-sec.(2) of Section 167 Cr.P.C.

(2.) Feeling aggrieved by the order of learned trial Court, petitioner made endeavour for seeking bail before the learned Court below by submitting an application under Section 167(2) read with Section 439 Cr.P.C. The learned Court below, by its order dated 8th of June 2016, while fully concurring with the learned trial Court, rejected the bail application of the petitioner. Therefore, the petitioner has approached this Court by way of this petition.

(3.) On behalf of respondent State, reply to the misc. petition is submitted. In the reply, the State has urged with full emphasis that chargesheet in the matter was filed before learned trial Court on 26th of May 2016, i.e. within the stipulated period of 90 days, and therefore, no case for interference is made out. Adverting to the merits of the case, it is also submitted by the State that after thorough investigation, the investigating agency has prima facie found that offence under Sections 498A, 304B and 120B IPC is made out against the petitioner, as such even on merits petitioner is not entitled for the reliefs claimed.